Handmade.com Terms & Conditions

TABLE OF CONTENTS

1.1. General: Handmade.com is all about transparency and authenticity.

1.2. Intellectual Property: What's yours is yours and what's ours is ours. We share Handmade.com with you so you can share your creations with customers. Please respect the marketplace where you do business.

1.3. Representations and Warranties: We are committed to delivering our best, and to addressing any flaws in Handmade.com, just as buyers and sellers commit to meeting expectations too.

1.4. Miscellaneous: If two or more parties do not see eye-to-eye, we’ve incorporated dispute resolution options.

2 Privacy Policy: We do not collect more information than necessary. We do not sell your information to third parties.

3 Copyright & Intellectual Property Policy: We aim to protect our users’ rights by preventing and stopping infringement whenever possible.

4 Store Owner's Agreement: We expect all store owners to operate with honesty, transparency and ethics. All items offered must also meet Handmade.com’s Definitions of Handmade by Category.

5 Marketplace Agreement: Visitors to your store expect timely order fulfillment, high quality, prompt customer service, and operational best practices.

6 Creative Rights & Policy Rights: We are serious about protecting the creative rights of makers.

7 Declaration of Authentic Goods: Sellers commit to only offer goods that are theirs to sell and that do not conflict with the rights of others.

8 Buyer's Agreement: We work hard to provide you with the world's premier marketplace for handmade sellers. When you purchase from a seller, please communicate directly with that seller.

1. TERMS OF USE

1.1 General.

At Handmade.com, we’re all about transparency. The terms and conditions laid out here (including our privacy policy) guide the use of our site and the services we offer

NOVICA United, Inc., a Delaware corporation (sometimes herein “Handmade.com,” “We” or “Us”) offers services through the domain www.handmade.com (sometimes herein the “Site”).

Handmade.com provides a web application (“Software”) that allows a user to maintain a user account as well as the option of creating an online store through which they can sell goods online.

Handmade.com also provides merchant services, including hosting of the online store and other related services as may be offered from time to time (individually and collectively, “Services”).

By using the Site, Software or the Services offered through the Site, you (“User” or “you,” or “your” which collectively includes You and any other person or entity on whose behalf You may be acting) are accepting and agreeing to the terms of use (“Terms”) set forth below which will constitute a binding agreement between You and Handmade.com (“Agreement”).

By using the Services of the Site, you are accepting and agreeing to the terms of the Handmade.com Privacy Policy (“Privacy Agreement”), which you acknowledge you have read and fully understand.

We love our buyers and our sellers. Depending on whether you buy or sell goods through Handmade.com, specific agreements may apply to you

If you sell goods through an online store on this Site, as described elsewhere, you must agree to the terms of the Handmade.com Store Owner's Agreement (“Store Owner's Agreement”). Each store owner will have their own online store (“Storefront”) which will offer goods and/or services.

In the event you buy goods through a store on the Site, your purchase of goods through such a store will constitute your agreement to comply with the terms applicable to a buyer (“Buyer’s Agreement”).

By agreeing to be bound by the terms of this Agreement, you are acknowledging you have read and agree to be bound by the Store Owner's Agreement and/or the Buyer’s Agreement, as the case may be.

So, let’s break it down

What is Handmade.com?

Handmade.com serves as an online marketplace to allow qualifying users to offer, sell and purchase goods for an agreed upon price.

What does Handmade.com not do?

Handmade.com has no involvement in the consummation of a contract between a seller and a buyer. Accordingly, Handmade.com has no liability or responsibility for any matter arising out of the transaction between a seller and a buyer. You should be comfortable in all respects with a seller before you purchase goods from the Site.

Where does this leave you?

You may use the Services, the Site and the content owned and provided by Handmade.com (singularly and collectively, the “Handmade.com Content”) solely in connection with the intended purposes of the Site.

To help make your experience as rewarding as possible, here are some ways you can and can’t use Handmade.com and the services we offer:

You agree to use the Site for lawful purposes only. You agree not to take any action that might affect the security of the Site, render the Site partially or wholly inaccessible to others or otherwise negatively alter or damage the Site or the Handmade.com Content. You agree not to add to, subtract from, or otherwise modify the Handmade.com Content, or to attempt to access any Handmade.com Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

While using the Site you will not:

  • Be false, misleading, inaccurate or include inaccurate, misleading or false information in interactions with any other user, Us, or on any Storefront which you maintain.

  • Act in a fraudulent way or become involved in the sale of stolen, counterfeit, or illegal items.

  • Violate any local, state, federal or other applicable laws or the rights of a third party.

  • Access or use the Site if you are not able to enter into legally binding agreements, are under the age of 18, or are temporarily or indefinitely suspended from the Site.

  • Fail to deliver payment for items purchased by you.

  • Fail to deliver items purchased from you if you are a Seller.

  • Infringe on another party’s right, title and interest in and to their intellectual property including copyrights and trademarks.

  • Interfere with the sales of other online sellers in any way that injures, damages or negatively affects their use and enjoyment of the Site.

  • Be libelous or defamatory with any information posted on the Site.

  • Disseminate or display spam, chain letters or pyramid schemes.

  • Contain or transmit code or employ other actions which may harm Handmade.com, the Site, the Handmade.com Content or the interests or property of Handmade.com users.

  • Copy, modify, or distribute content from the Site and/or Handmade.com's copyrights and trademarks unless agreed to by Handmade.com.

  • Collect information about users, including but not limited to email addresses, without their consent. Disseminate or display content or information that (a) is offensive or inflammatory, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individuals, (b) promotes illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, (c) provides information to circumvent manufacture-installed copy-protect devices, or (d) provides pirated content or links to pirated content files.

  • Be obscene or post any information that contains pornography including child pornography.

  • Violate any other agreement with the company (such as, for example, the Store Owner’s Agreement or the Buyer’s Agreement).

  • Use any automated means to access the Site for any purpose without the express written permission of Handmade.com.

  • Take any action that imposes or may impose an unreasonable or disproportionately large load on the Site or the ability to operate the Site as determined solely by Handmade.com.

We aim to keep things simple. We refer to everything that you post on Handmade.com as “Third Party Content.” You are responsible for all of your “Third Party Content.”

You are solely responsible for your conduct while using the Site and for any and all information, store listings, advertisements, proposals, data, text, pictures, graphics, music, sights, sounds, depictions, images, photographs, audio, video and links (individually and collectively the “Third Party Content”) that you submit, post, and display on Handmade.com. Further, as a Seller, you are solely responsible for each individual item of Third Party Content you display, link to or otherwise make available through the Site.

You agree Handmade.com has no control over, and is not responsible for, the Third Party Content appearing on the Site, and by using the Site or making purchases, you may encounter Third Party Content which you find is inaccurate, inappropriate, inflammatory or otherwise of concern to you.

Handmade.com makes no representation or warranty of any kind concerning the truth or accuracy or any other aspect of any information posted on this website by a User or any other information appearing at websites which are linked to in any Third Party Content. As a Seller, you agree that you are solely responsible for all content, material and Third Party Content appearing in your storefront or in any links appearing within your storefront. You agree that Handmade.com does not pre-approve or review Third Party Content; however, Handmade.com retains the right but not the obligation to deny, remove or alter any Third Party Content that appears on the Site, if in the sole discretion of Handmade.com, such Third Party Content violates the Terms.

1.2 Intellectual Property.

Our goal is to help you succeed in bringing your products to market. For that reason, Handmade.com grants you a limited and specific license to its intellectual property.

The Site and the Handmade.com Content are protected by laws of the United States and belong solely to Handmade.com. You may not use, change or amend, in any way, the Site or the Handmade.com Content without the prior written approval of Handmade.com. As a Seller, you are granted a revocable non-exclusive license as part of the Store Owner's Agreement, as the case may be, to utilize references to Handmade.com and its logo in connection with linking to your Storefront on the Site from other web pages.

No right, title or interest in any Handmade.com Content is transferred to you. Handmade.com retains all of its intellectual property rights in all Handmade.com Content. Except as expressly authorized by this Agreement, or otherwise agreed to by Handmade.com, you may not use, alter, copy, distribute, transmit, or otherwise appropriate any Handmade.com Content obtained from the Site or the Service, except as expressly permitted by the Terms or as otherwise agreed to by Handmade.com.

So that we can better help you reach a wide audience, you grant Handmade.com a limited and specific license to some of your intellectual property. This allows us to display the items you post on Handmade.com and to advertise and/or otherwise promote your included biographical information as well as images of your items.

Handmade.com does not claim ownership rights to your Third Party Content. When you post or display Third Party Content on the Site, you grant to Handmade.com a license to use and display the Third Party Content (i) on the Site and (ii) outside of the Site for marketing purposes that relate to the Site or your storefront. In the event a third party re-posts your Third Party Content, you agree to hold Handmade.com harmless from any liability arising out of a dispute concerning the reporting of your Third Party Content.

PLEASE NOTE: THIS MEANS THAT THIRD PARTY CONTENT THAT YOU POST ON HANDMADE.COM MIGHT BE USED ELSEWHERE ON THE INTERNET TO PROMOTE YOU, YOUR STOREFRONT, ITEMS BEING SOLD ON YOUR STOREFRONT, AND/OR HANDMADE.COM.

Handmade.com works hard to keep the Site operating for the benefit of its users. However, in the event of a problem, please contact us at customersupport@handmade.com.

1.3 Representations and Warranties.

We don’t believe in burying the fine print. Clear rules and regulations benefit everyone. To that end, Handmade.com disclaims all warranties (express, implied, or otherwise).

HANDMADE.COM ON BEHALF OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, MAKES NO EXPRESS OR IMPLIED WARRANTIES, COVENANTS OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES, THE HANDMADE.COM CONTENT, THIRD PARTY CONTENT OR ANY OTHER CONTENT. HANDMADE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICES, THE HANDMADE.COM CONTENT, THIRD PARTY CONTENT AND ANY OTHER CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED FROM OR ON THE SITE. HANDMADE.COM DOES NOT WARRANT: THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR THAT DEFECTS IN THE SITE OR THE SERVICES WILL BE CORRECTED; OR THE ACCURACY OR COMPLETENESS OF THE HANDMADE.COM CONTENT, THIRD PARTY CONTENT, OR ANY OTHER CONTENT; OR THAT ANY ERRORS IN THE HANDMADE.COM CONTENT, THIRD PARTY DATE OR OTHER CONTENT WILL BE CORRECTED. THE SITE, THE SERVICES, AND THE HANDMADE.COM CONTENT AND OTHER CONTENT ARE PROVIDED ON AN “AS IS”, “WHERE IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Handmade.com will not be liable for damages.

IN NO EVENT WILL HANDMADE.COM OR ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF (I) YOUR CONDUCT OR ANYONE ELSE IN CONNECTION WITH USE OF THE SITE, THE SERVICES OR THIS AGREEMENT (II) INABILITY TO USE THE SITE, THE SERVICES, THE HANDMADE.COM CONTENT OR ANY OTHER CONTENT, (III) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (IV) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICES, THE HANDMADE.COM CONTENT AND/OR ANY OTHER CONTENT, (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION, STOREFRONT OR DATA, OR (VI) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICES, HANDMADE.COM CONTENT OR ANY OTHER CONTENT, EVEN IF HANDMADE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, HANDMADE.COM CONTENT OR ANY OTHER CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES HANDMADE.COM’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

As a Seller, disputes between you and a Buyer are between the two of you – and vice versa. We’re not involved. You agree to release Handmade.com from any claims that relate to disputes with Buyers or Sellers.

IF YOU HAVE A DISPUTE WITH ONE OR MORE BUYERS, YOU RELEASE US (AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. IF YOU HAVE A DISPUTE WITH ONE OR MORE SELLERS, YOU RELEASE US (AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS,) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.

You agree to release Handmade.com of liability arising from your use of Handmade.com and its services.

YOU AGREE TO INDEMNIFY AND HOLD HANDMADE.COM (AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS), HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR BREACH OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY OR MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF GOODS OR SERVICES OFFERED FOR SALE OR ACTUALLY PURCHASED OR THE THIRD PARTY CONTENT OR OTHER CONTENT YOU SUBMIT, POST OR MAKE AVAILABLE THROUGH OR ON A STOREFRONT AND (B) YOUR USE, MISUSE, OR INABILITY TO USE THE SITE, THE SERVICES, OR THE HANDMADE.COM CONTENT OR ANY VIOLATION BY YOU OF THIS AGREEMENT.

YOU HEREBY FURTHER RELEASE HANDMADE.COM (AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS) FOR ALL ACTIONS OR INACTIONS OF OTHER USERS, INCLUDING GOODS AND SERVICES ADVERTISED OR SOLD. YOU AGREE THE SITE IS DESIGNED TO PERMIT PARTIES TO ENTER INTO TRANSACTIONS FOR ALL KINDS OF GOODS AND SERVICES AND OTHER ACTIVITIES. HANDMADE.COM HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF THE GOODS OR SERVICES ADVERTISED, THE TRUTH OR ACCURACY OF THE INFORMATION SET FORTH IN THE STOREFRONTS, THE ABILITY OF SELLERS TO SELL ITEMS, THE ABILITY OF BUYERS TO PAY FOR ITEMS, OR THAT A BUYER OR SELLER WILL ACTUALLY COMPLETE A TRANSACTION.

1.4 Miscellaneous.

This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions.

With every protection in place, we know that disputes still arise.

Here’s how we handle them:

If a dispute arises between you and Handmade.com, we will seek to resolve the dispute as quickly as commercially reasonable. Before resorting to legal proceedings, you must first contact us directly and work with us to resolve a dispute. If a dispute cannot be resolved by you and Handmade.com, you will have the option to pursue a claim (a “Claim”) against Handmade.com in accordance with one of the options provided below or as Handmade.com and you otherwise agree in writing.

How about arbitration?

Option One – For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $20,000, the party requesting relief may elect to handle the Claim in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties in the greater Los Angeles, California area. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) the arbitrator’s decision shall be final and not appealable to any court or any other tribunal or arbitrator(s), and shall be entered and enforceable as a judgment in a court of competent jurisdiction in Los Angeles, California.

Option Two – For any other Claim other than a Claim which qualifies and is opted for by a party under option one above, such Claim may be submitted by either you or Handmade.com for arbitration to the Los Angeles, California office of the American Arbitration Association. Such arbitration proceedings will be conducted in Los Angeles, California and will be heard by one arbitrator in accordance with the then current commercial arbitrations rules of the American Arbitration Association. Such arbitrator will be a lawyer of recognized standing and expertise in the area of commercial transactions.

We know that semantics matter, which is why we want to be clear that Handmade.com is a “Curated Marketplace” and not an “Open Marketplace.” What does this mean?

Handmade.com retains the right to limit, suspend, or terminate Services for any user, prohibit access to the Site and take other actions deemed appropriate by Handmade.com to keep users off the Site if we conclude a user is in violation of the Terms or other agreement with Handmade.com.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services and the Site and your listing, sale, acquisition, advertising of offers to sell and/or purchase goods and services.

While we love all our buyers and sellers, you and Handmade.com are not in a principal-agent relationship.

You and Handmade.com are independent of one another and consequently, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

You may be wondering to whom these terms apply. We’ll make this really easy. These Terms apply to everyone who uses Handmade.com.

These Terms are effective December 1, 2023, for current users, and upon use of the Site by a new user. We reserve the right to modify or terminate the Services for any reason, without notice, at any time. We reserve the right to alter or amend these Terms or other Site policies at any time. Any notices of termination or modification to the Services or the Terms will take effect when set forth on the Site. When using particular Services on the Site, you are subject to any unique posted policies or rules applicable to specific Services you use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement. This Agreement as supplemented by such other additional agreements for specific Services, sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

Any responsibilities or obligations of a User which accrue or arise during the term of this Agreement shall survive the termination of this Agreement until fully satisfied by you.

2. PRIVACY POLICY

Handmade.com knows that you care how information about you is used, and we appreciate your trust that we will do so with care and sensitivity.

This Privacy Policy (“Privacy Policy” or “Policy”) covers the use of the website located at www.Handmade.com and the services provided by Handmade.com (sometimes herein “Handmade.com,” “We” or “Us”), including how we treat personal information that we collect and receive. This Policy does not apply to the practices of third parties that Handmade.com does not own or control, or individuals that we do not employ or manage.

Handmade.com is occasionally known to speak in the rare dialect known as “legalese,” such as on this page. Please bear with us as we do so.

We take privacy very seriously, and we aim to be up front about it. Handmade.com collects your information and uses it for specific reasons:

Handmade.com will not sell your name or email address to third parties without your explicit consent, except as specified in this Privacy Policy.

Handmade.com collects personal information when you register to use our services or to post content on our site. At registration you are asked for a username, password and a valid email address.

If you would like to create a Handmade.com custom storefront, we will ask for your store name, Stripe registration for payouts, and a store URL. We will not have access to your bank account details.

Handmade.com automatically receives and records information on our server logs from your browser, including your IP address, cookies and the pages you request. This data is only used in the aggregate.

Handmade.com uses information for the following general purposes: products and services provisioning, billing, identification and authentication, services improvement, contact, research and anonymous reporting. IP addresses are automatically reported by your browser each time you view a webpage. Your IP address is stored in Handmade.com’s user registration databases when you register with us. IP addresses may be used for various research purposes.

Sometimes, you might hear from us when you’re not expecting it. Why? Handmade.com will provide service-related announcements

Handmade.com will send you a welcome/confirmation email when you sign up for our services. Confirmation of this email is required for opening a Handmade.com storefront, but not for the use of any other features of the site.

Handmade.com will send you service-related announcements on rare occasions when it is necessary to do so.

You may not opt-out of service-related communications, which are not promotional in nature.

We use cookies to improve your experience on Handmade.com

A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a website’s computers and stored on your computer’s hard drive. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. If you reject all cookies, you will not be able to use Handmade.com products or services that require you to “sign in,” and you may not be able to take full advantage of the Handmade.com service. Handmade.com uses its own cookies for a number of purposes, including, but not limited to: access your information when you “sign in”; keep track of preferences you specify while you are using Handmade.com’s services; display the most appropriate advertising banners based on your interests and activity on Handmade.com; estimate and report Handmade.com’s total audience size and traffic; or conduct research to improve Handmade.com’s content and services.

Handmade.com cookies do not collect personal information, and Handmade.com does not combine information collected through cookies with other personal information to tell us who you are or what your username or email address is.

When required, we may share or disclose your information

When you post a message, your Handmade.com username is visible to other users. If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. Handmade.com may be required to disclose personally identifiable information under special circumstances, such as to comply with subpoenas or when your actions violate the Handmade.com Terms of Service. Handmade.com may disclose personally identifiable information as our sole discretion believes necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. In such events, Handmade.com may disclose name, street address, city, state, zip code, country, phone number, email address and company name. Handmade.com may share aggregated demographic information with business partners.

Handmade.com may employ other companies and people to perform tasks on our behalf and may need to share your information with them to provide products and services to you. Examples include, but are not limited to, fulfilling orders, handling billing disputes and collections, analyzing data, providing marketing assistance and providing customer service.

Handmade.com will not rent, sell or share personal information about you with nonaffiliated parties except as specified in this Privacy Policy to provide products or services you have requested or when Handmade.com has your permission. It may be necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Handmade.com Terms of Use, as specified in this Privacy Policy or as otherwise required by law. In some cases, Handmade.com may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that is transferred. Handmade.com will transfer information about you if we are acquired by or merged with another company. In this event, we will notify you by email or by putting a prominent notice on the Handmade.com website before information about you is transferred and becomes subject to a different privacy policy.

As part of the buying and selling process, you may obtain another Handmade.com user’s email address, shipping address and/or other information. This information should only be used for Handmade.com-related communications or for Handmade.com-facilitated transactions. Handmade.com has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Handmade.com user to your email or physical mail list.

Without limiting the above, in an effort to respect your privacy and Handmade.com’s ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order, legal process, or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to protect Handmade.com’s rights, prevent imminent physical harm or financial loss, or to report suspected illegal activity.

EU residents have specific rights under the GDPR

If you are a resident of the European Union (“EU”) including the United Kingdom, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below. For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Handmade.com will be the controller of your Personal Data processed in connection with our Services. Note that we may also process Personal Data of our user’s customers in connection with our provision of services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e. not the controller), please contact the controller party in the first instance to address your rights with respect to such data.

If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at customersupport@handmade.com or send a written request to PO Box 160337, SAN ANTONIO, TX 78280-2537.

California residents have specific privacy rights

Effective January 1, 2020, the California Consumer Privacy Act (CCPA) allows California residents twice a year, upon a verifiable consumer request, to request that a business that collects consumers’ personal information to give consumers access, in a portable and (if technically feasible) readily usable form, to the specific pieces and categories of personal information that the business has collected about the consumer, the categories of sources for that information, the business or commercial purposes for collecting the information, and the categories of third parties with which the information was shared. California residents also have the right to submit a request for deletion of information under certain circumstances. Consistent with California law, if you choose to exercise your rights, we won’t charge you different prices or provide different quality of services unless those differences are related to your information. See here for information on how to submit a request. Please note that you must verify your identity and request before further action is taken. As a part of this process, government identification may be required. Consistent with California law, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government issued identification, and the authorized agent’s valid government issued identification. We endeavor to respond to a verifiable consumer request within 45 days of its receipt. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

We do not sell personal information to third parties. We do allow third parties to collect personal information through our Service and share personal information with third parties for the business purposes described in this Privacy Policy, including without limitation advertising and marketing on our Service and elsewhere based on users’ online activities over time and across different sites, services, and devices.

This is a relationship built on trust, so we want to be clear about how we access your personal information.

We collect personal data.

We collect Personal Data about you when you provide it directly to us, when third parties such as our partners provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our website or services.

Some types of information we collect directly from you.

We receive Personal Data directly from you when you provide it to us through usage of Handmade.com’s website or services, including, but not limited to:

  • Your name
  • Email address
  • Mailing address
  • Telephone number
  • Username
  • Company name

Some types of information we receive from third party sources.

Some third parties provide us with Personal Data about you, such as account information, or if you use a third party service to login to Handmade.com. If you share content from our Services through a third party social media service, the third party service will send us information about you, such as information from your public profile, if the third party service and your account settings allow such sharing. The information we receive will depend on the policies and your account settings with the third party service.

Here is the Information we automatically collect when you use Handmade.com:

Some Personal Data is automatically collected when you use Handmade.com, including, but not limited to:

  • IP address
  • Device identifiers
  • Log data (i.e. hardware and software information)
  • Web browser information
  • Cookies
  • When you last logged into our website

Here’s how we use your personal data:

We process Personal Data to operate, improve, understand and personalize our Services. For example, some ways we use Personal Data are to:

  • Personalize Handmade.com content based on your preferences
  • Communicate with you about our Services
  • Contact you about Handmade.com updates or offers
  • Protect against or deter fraudulent, illegal or harmful actions
  • Respond to user inquiries
  • Provide support and assistance with Handmade.com
  • Comply with our legal or contractual obligations
  • Enforce our Terms of Service or resolve disputes

Here’s how we safeguard your personal data:

Handmade.com employs the latest data encryption and security technologies to ensure that all credit card information remains private. Only the last four digits are stored on our server. Credit card information is sent directly to DigiCert's secure server, and that is where it is safely held.

We will NEVER rent or sell your personal information to any third party. When you visit www.handmade.com, we collect some basic information to enhance your experience navigating the website. The information collected and stored by NOVICA includes products purchased, feedback from visitors, location data, logs and other communication data, information about your computer and internet connection, including your IP address, operating system and browser type. This information is then aggregated with other pieces of information to improve our site and make your experience on the site as valuable and efficient as possible. Pages of the site may use devices that permit us to count users who have visited those pages and for other related website statistics.

We may share your personally identifiable information and non-personal information, including your name, address, email address and any transactions you conduct on our website or offline with us with a trusted third party advertising partner and its service providers in order to deliver tailored advertising to you that match your interests when you visit our website. Our trusted advertising partners will anonymize the data that we transfer via secure encryption ensuring that no one else will receive your personally identifiable information and that the anonymous data cannot be reverse engineered to reveal any consumer's identity. To opt out of this advertising, click here.

What to do if you have questions, comments, or concerns?

All questions, comments and concerns can be submitted via email at customersupport@handmade.com. You will receive an answer as soon as possible.

This Policy was last updated on January 1, 2024.

3. COPYRIGHT & INTELLECTUAL PROPERTY POLICY

Handmade.com has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of Handmade.com’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.

It is Handmade.com’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our users and (2) remove and discontinue service to repeat offenders.

We believe in protecting your intellectual property. Here are the procedures for reporting copyright infringements:

If you believe that material or content residing on the Handmade.com website infringes a copyright, please send a notice of copyright infringement containing the following information, in English, to the Designated Agent listed at the end of this policy:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  • Identification of works or materials being infringed;
  • Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Handmade.com can find and verify its existence;
  • Contact information about the notifier including address, telephone number and, if available, e-mail address;
  • A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
  • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

What happens after Handmade.com receives an infringement notice?

Once a proper bona fide infringement notification is received by the Designated Agent, it is Handmade.com’s policy to take the following actions:

  • Remove or disable access to the infringing material;
  • Notify the user that it has removed or disabled access to the material; and
  • If the infringement is from a repeat offender, Handmade.com will remove the infringing material from the system and will terminate such user’s access to the website and service.

What recourse do you have to dispute the removal of material due to alleged IP infringement?

If the user believes material that was removed or to which access was disabled is either not infringing, or the user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the user must send a counter-notice containing the following information, in English, to the Designated Agent listed below:

  • A physical or electronic signature of the user;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  • A statement that the user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
  • User’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the user’s address is located, or if the user’s address is located outside the United States, for any judicial district in which Handmade.com is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Handmade.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced, or access to it restored, in 10 to 14 business days after receipt of the counter-notice, at Handmade.com’s sole discretion.

Please contact Handmade.com’s Designated Agent to Receive Notification of Claimed Infringement at the following address:

  • Mail Notification of Claimed Infringement to:

  • Handmade.com Infringement Claims

  • PO Box 160337

  • SAN ANTONIO, TX 78280-2537

  • E-mail: copyright@Handmade.com

Last Updated: January 1, 2024

4. STORE OWNER’S AGREEMENT

To our sellers, none of this would be possible without you! Please ensure that you read the following section carefully as it pertains to all users who operate a storefront on Handmade.com.

PLEASE READ THIS STORE OWNER’S AGREEMENT (COLLECTIVELY WITH THE TERMS OF USE, PRIVACY POLICY, COPYRIGHT & INTELLECTUAL PROPERTY POLICY, BUYER’S AGREEMENT, CREATIVE RIGHTS & PRODUCT POLICY, MARKETPLACE AGREEMENT, TERMS OF SUBSCRIPTION POLICY AND RESPONSIBLE DISCLOSURE PROGRAM, THIS “AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES, FEATURES AND CONTENT OFFERED BY HANDMADE.COM, INC. (“HANDMADE.COM”, “US” OR “OUR”). THIS AGREEMENT FORMS A LEGALLY BINDING CONTRACT BETWEEN THE MERCHANT IDENTIFIED IN THE SIGN-UP FORMS (“STORE OWNER”, “YOU” OR “YOUR”) AND HANDMADE.COM IN RELATION TO YOUR USE OF HANDMADE.COM IN CONNECTION WITH SELLING YOUR PRODUCTS. IN ORDER TO PROMOTE, MARKET, SELL OR OFFER TO SELL PRODUCTS ON THE HANDMADE.COM PLATFORM, YOU MUST FIRST AGREE TO THIS AGREEMENT BY CLICKING “ACCEPT” WHERE THIS OPTION IS MADE AVAILABLE TO YOU. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF AN ORGANIZATION OR ENTITY, YOU REPRESENT AND WARRANT YOU HAVE THE POWER AND AUTHORITY TO BIND SUCH AN ORGANIZATION OR ENTITY TO THIS AGREEMENT

NOVICA United, Inc., a Delaware corporation (“Handmade.com”), offers services through the domain www.Handmade.com (sometimes herein the “Site”). By registering an online store with Handmade.com, you agree to abide by the Terms of Service (“Terms”) outlined below. Handmade.com reserves the right to edit these Terms at any time, so we recommend checking back from time to time for any changes that might apply to you.

Handmade.com provides a web application (“Software”) that allows Store Owners to create online stores through which they can sell goods and services online. Handmade.com also provides merchant services, including hosting of the online store and other related services as may be offered from time to time (individually and collectively, “Services”).

What constitutes an agreement between a Buyer and a Seller?

When a Store Owner lists an item or product for sale on Handmade.com and a buyer agrees to purchase the item, the parties (the buyer and seller) have entered into a binding agreement which both parties are required to fulfill. The Store Owner should sell and the buyer should buy the goods or services for the price agreed to by the Store Owner and its buyer.

We take promptness and honesty seriously. Sellers must fulfill orders in a timely manner and not seek to avoid or circumvent Handmade.com’s fees.

Order fulfillment is the Store Owner’s sole and full responsibility. All products purchased through a Handmade.com online store must be fulfilled by the Store Owner in a timely manner, and in all events within a maximum of 21 business days following completion of an order, unless otherwise agreed by the Store Owner and its buyer. Failure to fulfill orders may cause your store to be suspended by Handmade.com.

Under no circumstances are you to make any attempt to avoid Handmade.com's fees. This includes but is not limited to writing information in your description, FAQ, or any other public facing element on Handmade.com's platform which contributes to any action related to the avoidance of any applicable Handmade.com fees.

The most successful Sellers embrace their responsibilities, which include the following:

You are responsible for any customization of your Handmade.com online storefront, including graphics and information. Handmade.com will host your storefront but does not provide any design services.

You are responsible for managing all products and collections, including information about the product, product variants and product images. You must correctly and accurately describe all products listed in your Handmade.com online store. Our product policies can be found in our Seller FAQ section.

You are responsible for all activity and content (data, graphics, photos, links) that is uploaded to your Handmade.com account.

You will generally be responsible for payment of all applicable sales, use and other taxes and government charges, whether federal, state or foreign, for each sale made through Your Handmade.com online store. As an exception, for Marketplace orders, Handmade.com is required to calculate, collect and remit sales tax for orders shipped to customers located in certain states.

Payment processing is mandatory for Sellers.

You agree that Handmade.com will be the sole party responsible for processing payments and you agree to not process payments outside of Handmade.com’s platform for any products listed for sale on the Site.

To ensure your ability to pay required fees, you must provide Handmade.com with your valid credit card information.

You agree to provide Handmade.com with a valid credit card number or otherwise approved method of payment to allow Handmade.com to verify and confirm you are able to pay the required fees associated with your storefront. Handmade.com may place an authorization on your credit card to confirm the above information. Sellers accounts with payment info expired for 1 year or more may be removed by Handmade.com.

Refunds are essential to the success of your business. You must provide Buyers the option to return purchased items for a full refund.

You agree to allow returns of any item, for any reason, within thirty (30) days of the item’s purchase, in exchange for a full refund. Handmade.com requires you to provide a 100% satisfaction guarantee. In the event that you do not comply with this return policy, you agree that Handmade.com may fund the return itself and charge you for the cost of the return.

You must be older than 18 and capable of entering into a legally binding contract to use Handmade.com’s services.

Handmade.com’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the Store Owner and is responsible for any and all activities.

To ensure the integrity of the Handmade.com community, there are certain actions you agree NOT to take.

You agree not to post links to outside websites intended to sell items — particularly those with non-Handmade.com ordering tools or information. Posting of promotional logos to credit outside services is also prohibited. Specifically, any advertisements, marketing messages (special offers), or “calls to action” that lead, prompt, or encourage Handmade.com users to click off of Handmade.com or purchase elsewhere are prohibited.

You agree to not sell any of your items on other platforms for a lower price than what is listed for the same items on Handmade.com’s platform.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service without the express written permission of Handmade.com.

You may not use Handmade.com online stores for any illegal or unauthorized purpose nor may You, in the use of the Service, violate any laws in Your jurisdiction (including but not limited to copyright laws).

You agree to not sell or rent any purchasers’ information to any third-party companies. This includes Name, Email, Address and Phone Number.

You agree not to send unsolicited emails to Handmade.com customers (other than as strictly necessary for order fulfillment and related customer service).

You agree not to post 3rd party advertisements of any kind in your storefront. This includes banner ads, Google Adwords or affiliate programs of any kind.

If you ever receive a Buyer phone number, you must (a) dispose of any customer phone number data that you retain after you have processed the Buyer’s orders, and monitor who in your organization has access to Buyer phone numbers — protecting this data is your responsibility. Never contact a Buyer using their phone number. Never share Buyer phone information with an external party.

You may not post abusive or inappropriate feedback or include personal information about a transaction partner. This also includes posting ratings or feedback to your own account. You may request feedback from a Buyer, however, you may not pay or offer any incentive to a Buyer for either providing or removing feedback. Any attempt to manipulate ratings, feedback, or reviews is prohibited. For example, you may not offer compensation for a review, and you may not review your own products or your competitors’ products. You may ask Buyers to write a review, but you may not ask for positive reviews, ask for reviews only from Buyers who had a positive experience, or ask a reviewer to change or remove their review. Any attempt to manipulate sales rank is prohibited. You may not solicit or knowingly accept fake or fraudulent orders, including placing orders for your own products. You may not provide compensation to Buyers for purchasing your products or provide claim codes to Buyers for the purpose of inflating your rankings, if any, within Handmade.com.

You may not create separate listings for identical copies of the same product.

Do not include marketing materials such as pre-priced labels, pamphlets, price tags, or other non-Handmade.com labels in item packaging. Handmade.com prohibits sellers from including third-party materials or promotions inside their shipments to customers, or any materials that might direct buyers away from Handmade.com to other websites or sales platforms. Handmade.com also prohibits sellers from remarketing to customers, including but not limited to emailing, mailing, or calling buyers. Unsolicited emails to Handmade.com customers (with the exception of customer service and order fulfillment) are expressly prohibited.

On the other hand, there are certain actions you agree to allow Handmade.com to take.

You authorize Handmade.com to process any and all of your Handmade.com account transactions initiated through the use of the password and/or passphrase that you establish through registration on the Site and you are solely responsible for maintaining the confidentiality of such password and/or passphrase. Handmade.com cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.

Handmade.com may, but has no obligation to, remove content and accounts containing content that Handmade.com determines at our sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

We respect all our Sellers. Your intellectual property will remain yours, but you grant Handmade.com a limited license.

Handmade.com does not claim any intellectual property rights over the material you provide to the Handmade.com service. All material you upload remains yours.

You grant Handmade.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right to exercise the copyright, publicity, and database rights (but no other rights) you have, in any media now known or not currently known, with respect to your products, in order to allow Handmade.com to provide your storefront, or market or otherwise promote your items or products as well as the Site.

What are Handmade.com’s liability and rights to curate the Site?

You expressly understand and agree that Handmade.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service. You must not transmit any worms or viruses or any code of a destructive nature.

WE RESERVE THE RIGHT TO MODIFY OR TERMINATE THE SERVICE FOR ANY REASON, WITHOUT NOTICE, AT ANY TIME.

A breach or violation of these Terms, at the sole discretion of Handmade.com, may result in immediate termination of your Services.

As a store owner, all of the products you sell in your Storefront may also be marketed or sold through the Handmade.com online Marketplace. In the event that Handmade.com markets or sells your products in the Marketplace, Handmade.com may charge you a commission on all sales facilitated directly through the Marketplace.

The determination of whether a transaction is subject to the Fees shall be made in Handmade.com’s sole discretion. Information regarding the currently applicable Fees can be found here. You shall pay all Fees in accordance with Handmade.com’s then current payment policies which can be found here. If you believe there has been an error in calculating the Fees, You can contact Handmade.com at customersupport@handmade.com.

Inclusion in the Handmade.com Marketplace is not guaranteed and your store and/or products may be removed from the Marketplace at our discretion. Reasons for removal may include, but are not limited to:

  • Incorrect, inaccurate, misleading, or incomplete account information.

  • Violating any of the Handmade.com Terms included in this document.

  • Violating any aspect of Handmade.com’s Handmade & Ethical Pledge.

  • Copyright infringement.

  • Offering items that do not meet our Definitions of Handmade by Category.

  • Offering prohibited items and products.

  • Failure to include in your storefront’s description your name and biography, or your name and your store’s unique description, and any/all artist/artisan name/s you represent either in your store description or individual product descriptions, where applicable.

  • Stores with no sales for more than 1 year.

  • Products with no sales for more than 1 year.

  • Inadequate or unfriendly communications with customers.

  • An excessive number of negative reviews and/or customer complaints.

The Handmade Moderators may flag your accounts for various reasons.

Volunteers may serve as a member of the “Handmade Moderators.” The Handmade Moderators are volunteers who must be active Sellers on the Marketplace. The Handmade Moderators may take various actions and any action or recommendation provided to Handmade.com is made on the individual volunteer’s own behalf. The Handmade Moderators are not compensated, are not acting on behalf of Handmade.com in any manner and are not agents or representatives of Handmade.com in any way.

The Handmade Moderators review postings and Storefronts in order to help maintain the high quality expected of Handmade.com’s Marketplace. Handmade Moderators may flag items or entire Storefronts for potential violations, notifying Handmade.com of these potential violations. Reasons the Handmade Moderators may flag an item or Storefront include, but are not limited to:

  • The Seller appears to be in violation of the intellectual property rights of another party;
  • An item does not appear to be handmade based on the definition of handmade for that particular category;
  • An item appears to be of such low quality that it degrades the reputation of Handmade.com and the Marketplace; and
  • Items appear to be of an inappropriate nature or violate other rules outlined in these Terms.

We take this rule very seriously: You are not allowed to list prohibited items and products.

We expect Store Owners to undertake necessary due diligence to confirm the products listed for sale in your Handmade.com online store are and remain in strict conformity with all applicable laws. In the event Handmade.com concludes that a product or listing is prohibited, possibly illegal or inappropriate, we may, without any notice to You, immediately remove or modify the listing for the product. Handmade.com reserves the sole right and discretion to determine whether listings for products and contents on the Site is appropriate.

All items sold on Handmade.com must meet Handmade.com’s Definitions of Handmade by Category.

PROHIBITED ITEMS, even if made by hand:

  • No illegal items or offers: Products, services or materials which contravene, or facilitate or promote activities that contravene, the laws of the jurisdictions in which You operate or do business, or the laws of the jurisdictions in which Handmade.com operates or does business.
  • No alcoholic beverages or other products containing any percentage of alcohol.
  • No prescription or nonprescription drugs or products containing those ingredients.
  • No vaping devices or related materials.
  • No tobacco products or smoking accessories.
  • No weapons, explosives, or chemicals. (Handmade.com may make exceptions for certain handmade knives and swords offered in accordance with all applicable laws. Do not offer such items for sale without written permission from Handmade.com. Submit exception requests to: exceptions@handmade.com .)
  • No plants, seeds, or food products. Selling these products requires permission/certification in some regions, so they are generally not permitted on Handmade.com. (If you hold all legally required permissions/certifications to sell these products globally and provide proof, please submit an exception request to Handmade.com at exceptions@handmade.com . Do not offer these items for sale unless you have received written permission from Handmade.com.)
  • No living or dead creatures, animals, or animal products, with the exception of wool and fleece obtained without harm to the animal. (Handmade.com may make exceptions for products containing bone, such as cow bone jewelry, provided it is offered in accordance with all applicable laws and only if the exception has been approved in writing by Handmade.com. Do not offer such items for sale until/unless you have received written permission from Handmade.com. Submit an exception request to: exceptions@handmade.com .)
  • No exploitation of children, including but not limited to products or materials that exploit or abuse children, images or depictions of child abuse or sexual abuse, or any items that present children in a sexual or sexualized manner.
  • No children’s toys, no children’s games, no childrens face masks, no children’s jewelry, no children’s products with small parts or choking hazards, no children’s car seats or accessories, no cribs or furniture for infant sleeping and related accessories, no strollers, no children’s loungewear or sleepwear, no children’s upper body outerwear with drawstrings.
  • No artifacts, grave-related items, or Native American arts or crafts (unless strictly in compliance with The Indian Arts and Crafts Act of 1990).
  • No adult novelties, toys, or devices of a sexual nature. No pornography or depictions of human beings engaged in sexual conduct.
  • No nudity. (Unless approved in writing by Handmade.com under the context of fine art or cultural relevance. Any such requests for exception must first be approved by Handmade.com via an exception request submitted to: exceptions@handmade.com . Do not offer such items for sale until/unless you have received written permission from Handmade.com.)
  • No offer to engage in sexual activity or other physical contact.
  • No medical products or services.
  • No offensive materials including items such as crime-scene photos or images of human organs or body parts. No used undergarments, even if handmade or incorporated into art.
  • No self-harm products or materials that promote self-harm.
  • No terrorist activities, products, services or materials which imply or promote support or funding of, or membership in, any terrorist organization.
  • No harassment, bullying, defamation, threats, or products, services or materials which harass, bully, defame or threaten any individual/s or group.
  • No hateful content or products, services or materials which promote violence or bias towards others based on race, ethnicity, religion, gender, gender identity, disability, or sexual orientation.
  • No malicious or deceptive practices: You may not use the Services to transmit malware or host phishing pages. You may not perform activities or upload or distribute Materials that harm or disrupt the operation of the Services or other infrastructure of Handmade.com or others, including Handmade.com’s third party providers. You may not use the Services for deceptive commercial practices or any other illegal or deceptive activities.
  • No offensive practices or products, services or materials.
  • No personal or confidential information or protected health information may be included in any materials or products, and you may not use the Services to collect, store, or process any such information.
  • No recordings of music or concerts. No soundboard recordings. No movies or videos including previews and trailers. No media transferred from one format to another. No film scripts, electronic press kits or unauthorized props. No promo books, promo music albums or CDs, promo films or promo software.
  • No intellectual property infringement or products, services or materials which infringe on the copyright or trademarks of others. No counterfeit or “knock-off” merchandise. No celebrity images or the use of celebrity names without proven contracted permission that has been reviewed and approved by Handmade.com before the item is offered for sale. (Do not offer celebrity-related items until/unless you have received written permission from Handmade.com. Submit an exception request to: exceptions@handmade.com .)
  • No posting of links to outside websites. No listings intended as gateways to commercial or private websites for the purposes of advertising or that offer contact information for non-Handmade.com transactions. No Spam. No sales of domain names (URLs). No solutions manuals. No sale of marketing lists. No sale or trade of social followers, likes, follows, etc.
  • No sale of cash or other monetary instruments. No counterfeit money.
  • No recalled products. No stolen property or goods. No unauthorized copies of art in any form.
  • No products containing any hazardous or potentially hazardous or dangerous material including batteries or mercury, or any other products regulated by any law in any jurisdiction. No lockpicking equipment, lottery tickets, raffles, coupons, slot machines, service contracts or warranties may be sold.

Because the Handmade.com Marketplace is a curated marketplace rather than an open marketplace, the decision of whether a product or storefront is allowed on the Site is made at the sole discretion of Handmade.com, and a product listing or storefront can be removed by Handmade.com for any reason or no reason.

Handmade.com does allow Store Owners to set up more than one store to reflect different product types, but Store Owners may not list identical products in more than one of their stores. Store Owners found listing identical products in more than one store that they operate may have all stores suspended by Handmade.com.

As a Store Owner you agree not to “spam” other products in the Handmade.com Marketplace by leaving comments including links or text asking users to view your store or product. This not only makes you look bad as a Store Owner, but it also reflects poorly on the entire Handmade.com Marketplace. Any stores found spamming the Handmade.com Marketplace will have their store and account immediately disabled.

Any Store Owners found “gaming” the system by creating fake user accounts to generate fabricated interest for their products may be immediately disabled and banned from the Site at our sole discretion.

Handmade.com’s Disclaimer

HANDMADE.COM ON BEHALF OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, MAKES NO EXPRESS OR IMPLIED WARRANTIES, COVENANTS OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES OR ANY CONTENT THEREON. HANDMADE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICES, ALL CONTENT THEREON, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED FROM OR ON THE SITE. HANDMADE.COM DOES NOT WARRANT: THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED; OR THE ACCURACY OR COMPLETENESS OF THE CONTENT; OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, ‘WHERE IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

IN NO EVENT WILL HANDMADE.COM OR ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF (I) YOUR CONDUCT OR ANYONE ELSE IN CONNECTION WITH USE OF THE SITE, THE SERVICES OR THIS AGREEMENT, (II) INABILITY TO USE THE SITE, THE SERVICES, OR ANY CONTENT THEREON, (III) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (IV) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICES AND/OR THE CONTENT THEREOF, (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION, STOREFRONT OR DATA, OR (VI) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF HANDMADE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES HANDMADE.COM’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

Should a dispute arise, you have various dispute resolution options.

This Store Owner’s Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions.

If a dispute arises between you and Handmade.com, we will seek to resolve the dispute as quickly as commercially reasonable. Before resorting to legal proceedings, You must first contact Us directly and work with Us to resolve a dispute. If a dispute cannot be resolved by You and We, You will have the option to pursue a claim (a “Claim”) against Handmade.com in accordance with one of the options provided below or as We and You otherwise agree in writing.

Option One – For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $20,000, the party requesting relief may elect to handle the Claim in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties in the greater Los Angeles, California area. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) the arbitrator’s decision shall be final and not appealable to any court or any other tribunal or arbitrator(s), and shall be entered and enforceable as a judgment in a court of competent jurisdiction in Los Angeles, California.

Option Two – For any other Claim other than a Claim which qualifies and is opted for by a party under option one above, such Claim may be submitted by either you or Handmade.com for arbitration to the Los Angeles, California office of the American Arbitration Association. Such arbitration proceedings will be conducted in Los Angeles, California and will be heard by one arbitrator in accordance with the then current commercial arbitrations rules of the American Arbitration Association. Such arbitrator will be a lawyer of recognized standing and expertise in the area of commercial transactions.

Attorneys’ Fees – In the event Handmade.com is required to incur any attorneys’ fees or other expenses in connection with enforcing or defending its rights under this Store Owner’s Agreement with respect to a Claim relating to your use of the Site, you shall reimburse Handmade.com for such reasonable attorneys’ fees and expenses.

These Terms are effective January 1, 2024, for current Store Owners, and upon use of the Site by a new Store Owner. We reserve the right to modify or terminate the Services for any reason, without notice, at any time. We reserve the right to alter or amend these Terms or other Site policies at any time. Any notices of termination or modification to the Services or the Terms will take effect when set forth on the Site. When using particular Services on the Site, you are subject to any unique posted policies or rules applicable to specific Services you use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Store Owner’s Agreement. This Store Owner’s Agreement as supplemented by such other additional agreements for specific Services, sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

Handmade.com aims to support our community.

Technical support is only available via email, due to the size of our team. Handmade.com works hard to keep the site operating for the benefit of its users. However, in the event of a problem, please contact us at customersupport@handmade.com. Handmade.com does not warrant that the Service will be uninterrupted, timely, secure or error-free. The Service is provided on an “as is” and “as available” basis without any warranty or condition.

5. MARKETPLACE AGREEMENT

Subject to the Store Owner's Agreement between Handmade.com and the Store Owner, which is hereby incorporated by reference, the following Terms apply to the Store Owner’s participation in Handmade.com's Marketplace.

Who can participate in the Handmade.com Marketplace?

The Store Owner shall set up a Storefront account on Handmade.com’s platform through the applicable website or application portal and fill out all applicable information. To participate in the Handmade.com Marketplace (the “Marketplace”), the Store Owner must additionally opt-in to the Handmade.com Marketplace from the Store Settings section here.

Handmade.com accepts only high-quality products and Store Owners onto the Marketplace and reserves the right not to accept, within its sole discretion, any products or Store Owners that do not meet its standards. Furthermore, Handmade.com reserves the right to remove from the Marketplace any Store Owner or product(s) at our sole discretion.

Handmade.com may provide promotional recommendations of various products available on the Marketplace. Handmade.com makes no representations or warranties about the quality, merchantability, or fitness for a particular use for these products. Handmade.com is not a party to any transaction between a Seller and Buyer on the Marketplace.

As a Store Owner, you have certain responsibilities related to Customer inquiries and assistance.

You are required to provide a customer service email address and must use commercially reasonable efforts to assist customers with any customer service needs.

This may include (but is not limited to) assistance with questions related to order tracking, assistance with how to make carrier claims of lost or damaged shipments, assistance processing returns, cancellation of orders due to buyer request or credit card issues and referral of any buyer questions relating to a particular Store Owner to that Store Owner. Handmade.com reserves the right to decline to assist Store Owner in conjunction with certain customer service functions.

The Store Owner acknowledges and agrees that Handmade.com does not guarantee that it will answer or resolve any or all customer service inquiries, issues or disputes.

You may cancel an order but will be responsible for Transaction Fees.

If the Store Owner cannot fulfill an order, the Store Owner must cancel the order as soon as possible using the provided option on the Handmade.com platform. Orders cannot be canceled in an attempt to avoid fees. Transaction Fees will still be assessed for any Orders canceled by the Store Owner.

If the Store Owner cancels a substantial number of orders in any rolling 30-day window, Store Owner’s Marketplace participation or Storefront account may be suspended and reviewed by Handmade.com.

Buyers have certain rights to cancel orders.

The Store Owner acknowledges and agrees that any buyer of a product will be allowed to cancel an order. Fees associated with buyer-initiated cancellations may be refunded, at the sole discretion of Handmade.com, if the Store Owner contacts us by emailing customersupport@handmade.com.

As Handmade.com is a Marketplace, shipping and inventory are your responsibility.

Order fulfillment is the Store Owner’s sole and full responsibility. All products purchased through the Handmade.com Marketplace must be fulfilled by the Store Owner in a timely manner, and in all events within a maximum of 7 business days following completion of an order, unless otherwise agreed by the Store Owner and its buyer. Failure to fulfill orders may cause Your Marketplace participation or Storefront account to be suspended and reviewed by Handmade.com.

To ensure the smooth operation of the Marketplace, you must provide accurate inventory information to Handmade.com.

The Store Owner shall keep Handmade.com updated, via the Handmade.com Platform, regarding all inventory levels and inventory changes. If the Store Owner does not properly keep Handmade.com inventory levels updated, and must cancel orders as a result, the Store Owner’s Marketplace participation or Storefront account may be suspended for review and possible removal by Handmade.com.

Tracking information must be provided in a timely manner.

Store Owners must provide tracking information from a public carrier, if available, for each order received through Handmade.com no later than [24 hours] after requesting a shipping label from the carrier. Store Owners who do not provide Handmade.com with accurate public tracking information, unless otherwise agreed by the Store Owner and its buyers, may be suspended and reviewed by Handmade.com.

You must accept returns and provide a full refund.

The Store Owner must allow customers to initiate product returns in accordance with the Handmade.com return policy specified through the Handmade.com platform. The Store Owner must provide customers an opportunity to return any item within a thirty (30) day window with no questions asked.

The Store Owner shall be solely responsible for and shall hold Handmade.com harmless from, all costs and expenses associated with product returns, and for handling all returns and customer service requests relating to the products at its expense.

We take prohibited listings and products seriously.

We expect Store Owners to undertake necessary due diligence to confirm the products listed for sale in your Handmade.com online store are in strict conformity with all applicable laws. In the event Handmade.com concludes that a product or listing for product is prohibited, possibly illegal or inappropriate, we may without any notice to you immediately remove or modify the listing for the product. Handmade.com reserves the sole right and discretion to determine whether listings for products and contents on the Site is appropriate.

All items sold on Handmade.com must meet Handmade.com’s Definitions of Handmade by Category.

PROHIBITED ITEMS, even if made by hand:

  • No illegal items or offers: Products, services or materials which contravene, or facilitate or promote activities that contravene, the laws of the jurisdictions in which You operate or do business, or the laws of the jurisdictions in which Handmade.com operates or does business.
  • No alcoholic beverages or other products containing any percentage of alcohol.
  • No prescription or nonprescription drugs or products containing those ingredients.
  • No vaping devices or related materials.
  • No tobacco products or smoking accessories.
  • No weapons, explosives, or chemicals. (Handmade.com may make exceptions for certain handmade knives and swords offered in accordance with all applicable laws. Do not offer such items for sale without written permission from Handmade.com. Submit exception requests to: exceptions@handmade.com .)
  • No plants, seeds, or food products. Selling these products requires permission/certification in some regions, so they are generally not permitted on Handmade.com. (If you hold all legally required permissions/certifications to sell these products globally and provide proof, please submit an exception request to Handmade.com at exceptions@handmade.com . Do not offer these items for sale unless you have received written permission from Handmade.com.)
  • No living or dead creatures, animals, or animal products, with the exception of wool and fleece obtained without harm to the animal. (Handmade.com may make exceptions for products containing bone, such as cow bone jewelry, provided it is offered in accordance with all applicable laws and only if the exception has been approved in writing by Handmade.com. Do not offer such items for sale until/unless you have received written permission from Handmade.com. Submit an exception request to: exceptions@handmade.com .)
  • No exploitation of children, including but not limited to products or materials that exploit or abuse children, images or depictions of child abuse or sexual abuse, or any items that present children in a sexual or sexualized manner.
  • No children’s toys, no children’s games, no childrens face masks, no children’s jewelry, no children’s products with small parts or choking hazards, no children’s car seats or accessories, no cribs or furniture for infant sleeping and related accessories, no strollers, no children’s loungewear or sleepwear, no children’s upper body outerwear with drawstrings.
  • No artifacts, grave-related items, or Native American arts or crafts (unless strictly in compliance with The Indian Arts and Crafts Act of 1990).
  • No adult novelties, toys, or devices of a sexual nature.
  • No pornography or depictions of human beings engaged in sexual conduct.
  • No nudity. (Unless approved in writing by Handmade.com under the context of fine art or cultural relevance. Any such requests for exception must first be approved by Handmade.com via an exception request submitted to: exceptions@handmade.com . Do not offer such items for sale until/unless you have received written permission from Handmade.com.)
  • No offer to engage in sexual activity or other physical contact.
  • No medical products or services.
  • No offensive materials including items such as crime-scene photos or images of human organs or body parts. No used undergarments, even if handmade or incorporated into art.
  • No self-harm products or materials that promote self-harm.
  • No terrorist activities, products, services or materials which imply or promote support or funding of, or membership in, any terrorist organization.
  • No harassment, bullying, defamation, threats, or products, services or materials which harass, bully, defame or threaten any individual/s or group.
  • No hateful content or products, services or materials which promote violence or bias towards others based on race, ethnicity, religion, gender, gender identity, disability, or sexual orientation.
  • No malicious or deceptive practices: You may not use the Services to transmit malware or host phishing pages. You may not perform activities or upload or distribute Materials that harm or disrupt the operation of the Services or other infrastructure of Handmade.com or others, including Handmade.com’s third party providers. You may not use the Services for deceptive commercial practices or any other illegal or deceptive activities.
  • No offensive practices or products, services or materials.
  • No personal or confidential information or protected health information may be included in any materials or products, and you may not use the Services to collect, store, or process any such information.
  • No recordings of music or concerts. No soundboard recordings. No movies or videos including previews and trailers. No media transferred from one format to another. No film scripts, electronic press kits or unauthorized props. No promo books, promo music albums or CDs, promo films or promo software.
  • No intellectual property infringement or products, services or materials which infringe on the copyright or trademarks of others. No counterfeit or “knock-off” merchandise. No celebrity images or the use of celebrity names without proven contracted permission that has been reviewed and approved by Handmade.com before the item is offered for sale. (Do not offer celebrity-related items until/unless you have received written permission from Handmade.com. Submit an exception request to: exceptions@handmade.com .)
  • No posting of links to outside websites. No listings intended as gateways to commercial or private websites for the purposes of advertising or that offer contact information for non-Handmade.com transactions. No Spam. No sales of domain names (URLs). No solutions manuals. No sale of marketing lists. No sale or trade of social followers, likes, follows, etc.
  • No sale of cash or other monetary instruments. No counterfeit products.
  • No recalled products. No stolen property or goods. No unauthorized copies of art in any form.
  • No products containing any hazardous or potentially hazardous or dangerous material including batteries or mercury, or any other products regulated by any law in any jurisdiction. No lockpicking equipment, lottery tickets, raffles, coupons, slot machines, service contracts or warranties may be sold.

Because the Handmade.com Marketplace is a curated marketplace rather than an open marketplace, the decision of whether a product or storefront is allowed on the Site is made at the sole discretion of Handmade.com, and a product listing or storefront can be removed by Handmade.com for any reason or no reason.

Handmade.com allows for multiple accounts, but not identical listings.

Handmade.com does allow Store Owners to set up more than one store to reflect different product types, however store owners may not list identical products in more than one of their stores. Any Store Owners found listing identical products in more than one store that they operate may have all stores suspended by Handmade.com.

What are some reasons for account suspension and termination?

Repeated violations of any policy will be cause for suspension or termination of Store Owner’s Marketplace participation or Storefront account from Handmade.com without notice.

In the event the Store Owner’s Marketplace participation or Storefront account has been suspended or terminated for any reason, the Store Owner remains obligated to pay any outstanding fees owed to Handmade.com.

6. CREATIVE RIGHTS & PRODUCT POLICY

Handmade.com takes your creative rights very seriously. We have a “zero tolerance” policy for any kind of theft of intellectual property including but not limited to trademarks, patents, copyrights and existing creative works. If at any point a merchant is suspected of offering merchandise or products containing intellectual property that they do not own or do not have written permission to reproduce and/or sell, the store will be suspended immediately. Unless the merchant can provide proof they are the creator of the work or have permission to reproduce and/or sell the work, the closure will remain permanent.

It is the responsibility of each merchant to self-police by ensuring that they have proper intellectual rights to sell any product listed in his or her store. With that in mind when licensing trademarks or artwork from third parties, please perform your own due diligence to ensure that the third party in fact has the proper rights to offer you those licenses. Even if a merchant believed they were licensing from a reputable third party but it is later suspected that the license is not authentic, the store will be immediately suspended. If you have any doubt about your right to sell the item, do not list the item for sale.

To protect the sellers and creatives in our community, our response to creative rights infringement incidents is typically swift. If Handmade.com receives a complaint that a store owner has listed items that are infringing on intellectual property rights, Handmade.com will disable the store until the store owner can provide sufficient documentation that they have the rights to sell the items in question. As stated previously, if the store owner is unable to provide proof that they have the proper rights and permission to sell the exact items in question, the store will be permanently and immediately disabled.

Our Store Owner's Agreement includes a list of prohibited products. Prohibited items include, but are not limited to:

All items sold on Handmade.com must meet Handmade.com’s Definitions of Handmade by Category.

PROHIBITED ITEMS, even if made by hand:

  • No illegal items or offers: Products, services or materials which contravene, or facilitate or promote activities that contravene, the laws of the jurisdictions in which You operate or do business, or the laws of the jurisdictions in which Handmade.com operates or does business.
  • No alcoholic beverages or other products containing any percentage of alcohol.
  • No prescription or nonprescription drugs or products containing those ingredients.
  • No vaping devices or related materials.
  • No tobacco products or smoking accessories.
  • No weapons, explosives, or chemicals. (Handmade.com may make exceptions for certain handmade knives and swords offered in accordance with all applicable laws. Do not offer such items for sale without written permission from Handmade.com. Submit exception requests to: exceptions@handmade.com .)
  • No plants, seeds, or food products. Selling these products requires permission/certification in some regions, so they are generally not permitted on Handmade.com. (If you hold all legally required permissions/certifications to sell these products globally and provide proof, please submit an exception request to Handmade.com at exceptions@handmade.com . Do not offer these items for sale unless you have received written permission from Handmade.com.)
  • No living or dead creatures, animals, or animal products, with the exception of wool and fleece obtained without harm to the animal. (Handmade.com may make exceptions for products containing bone, such as cow bone jewelry, provided it is offered in accordance with all applicable laws and only if the exception has been approved in writing by Handmade.com. Do not offer such items for sale until/unless you have received written permission from Handmade.com. Submit an exception request to: exceptions@handmade.com .)
  • No exploitation of children, including but not limited to products or materials that exploit or abuse children, images or depictions of child abuse or sexual abuse, or any items that present children in a sexual or sexualized manner.
  • No children’s toys, no children’s games, no childrens face masks, no children’s jewelry, no children’s products with small parts or choking hazards, no children’s car seats or accessories, no cribs or furniture for infant sleeping and related accessories, no strollers, no children’s loungewear or sleepwear, no children’s upper body outerwear with drawstrings.
  • No artifacts, grave-related items, or Native American arts or crafts (unless strictly in compliance with The Indian Arts and Crafts Act of 1990).
  • No adult novelties, toys, or devices of a sexual nature.
  • No pornography or depictions of human beings engaged in sexual conduct.
  • No nudity. (Unless approved in writing by Handmade.com under the context of fine art or cultural relevance. Any such requests for exception must first be approved by Handmade.com via an exception request submitted to: exceptions@handmade.com . Do not offer such items for sale until/unless you have received written permission from Handmade.com.)
  • No offer to engage in sexual activity or other physical contact.
  • No medical products or services.
  • No offensive materials including items such as crime-scene photos or images of human organs or body parts. No used undergarments, even if handmade or incorporated into art.
  • No self-harm products or materials that promote self-harm.
  • No terrorist activities, products, services or materials which imply or promote support or funding of, or membership in, any terrorist organization.
  • No harassment, bullying, defamation, threats, or products, services or materials which harass, bully, defame or threaten any individual/s or group.
  • No hateful content or products, services or materials which promote violence or bias towards others based on race, ethnicity, religion, gender, gender identity, disability, or sexual orientation.
  • No malicious or deceptive practices: You may not use the Services to transmit malware or host phishing pages. You may not perform activities or upload or distribute Materials that harm or disrupt the operation of the Services or other infrastructure of Handmade.com or others, including Handmade.com’s third party providers. You may not use the Services for deceptive commercial practices or any other illegal or deceptive activities.
  • No offensive practices or products, services or materials.
  • No personal or confidential information or protected health information may be included in any materials or products, and you may not use the Services to collect, store, or process any such information.
  • No recordings of music or concerts. No soundboard recordings. No movies or videos including previews and trailers. No media transferred from one format to another. No film scripts, electronic press kits or unauthorized props. No promo books, promo music albums or CDs, promo films or promo software.
  • No intellectual property infringement or products, services or materials which infringe on the copyright or trademarks of others. No counterfeit or “knock-off” merchandise. No celebrity images or the use of celebrity names without proven contracted permission that has been reviewed and approved by Handmade.com before the item is offered for sale. (Do not offer celebrity-related items until/unless you have received written permission from Handmade.com. Submit an exception request to: exceptions@handmade.com .)
  • No posting of links to outside websites. No listings intended as gateways to commercial or private websites for the purposes of advertising or that offer contact information for non-Handmade.com transactions. No Spam. No sales of domain names (URLs). No solutions manuals. No sale of marketing lists. No sale or trade of social followers, likes, follows, etc.
  • No sale of cash or other monetary instruments. No counterfeit money.
  • No recalled products. No stolen property or goods. No unauthorized copies of art in any form.
  • No products containing any hazardous or potentially hazardous or dangerous material including batteries or mercury, or any other products regulated by any law in any jurisdiction. No lockpicking equipment, lottery tickets, raffles, coupons, slot machines, service contracts or warranties may be sold.

Because the Handmade.com Marketplace is a curated marketplace rather than an open marketplace, the decision of whether a product or storefront is allowed on the Site is made at the sole discretion of Handmade.com, and a product listing or storefront can be removed by Handmade.com for any reason or no reason.

7. BUYER’S AGREEMENT

Handmade.com Inc., a Delaware limited liability company (sometimes herein “Handmade.com,” “We” or “Us”) offers services through the domain www.Handmade.com (sometimes herein the “Site”). You, as a buyer, may purchase goods and services from store owners (“Store Owners”) on the Site who have an online storefront (“Storefront”). The following provisions set forth the policies applicable to any purchase(s) you make on or from the Site. By using the services and features (the “Services”) offered through the Site, you (“User” or “You,” or “Your” which collectively includes you and any other person or entity on whose behalf you may be acting) are accepting and agreeing to the terms (“Terms”) set forth below (“Buyer’s Agreement”), which will constitute a binding agreement between you and Handmade.com.

By using the Services of the Site, you are accepting and agreeing to the Handmade.com Terms of Use (“User Agreement”) and the terms of the Handmade.com Privacy Policy (“Privacy Agreement”), which you acknowledge you have fully read and understand.

You may use our Services, the Site, and any content contained thereon only if used for the intended purposes of the Site.

We work hard to support our Buyers, yet Handmade.com is not a party to the purchase transactions that occur through the Marketplace. Below is our Release of Liability.

You agree you will not hold Handmade.com or any party affiliated with Handmade.com liable for any action, or inaction of any user of the Site or with respect to goods or services they might sell from a Storefront. Handmade.com is a marketplace that permits users to offer, sell and buy products and services. Handmade.com is not directly involved in the transaction between a Store Owner and a buyer. As a result, Handmade.com has no control over the ownership, quality, safety, morality, pricing, content or legality of any aspect of the products or services being sold. Handmade.com does not pre-screen the Store Owner’s goods, services or the content or information provided by Store Owners. Handmade.com cannot ensure that a buyer or Store Owner will actually complete a transaction.

You agree to indemnify and hold Handmade.com, its members, directors, officers, employees, service providers, suppliers and agents, harmless from any claim or demand, including attorney fees and court costs, made by any third party due to or arising out of the information you submit, post or make available through the Site or your use of the Site.

YOU AGREE UNDER NO CIRCUMSTANCES SHALL HANDMADE.COM BE LIABLE FOR DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL , EXEMPLARY OR OTHER DAMAGES (EVEN IF HANDMADE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICES, FROM INABILITY TO USE THE SITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY.

HANDMADE.COM HAS NO LIABILITY WHATSOEVER FOR THE AMOUNTS CHARGED BY STORE OWNERS IN SHIPPING GOODS AND SERVICES TO BUYERS. THE AMOUNT OF SHIPPING AND ADMINISTRATIVE CHARGES CHARGED BY A STORE OWNER IS PURELY A PERSONAL MATTER BETWEEN A STORE OWNER AND A BUYER.

THE SITE IS PROVIDED ON AN “AS IS”, “WHERE IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. HANDMADE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HANDMADE.COM ON BEHALF OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HANDMADE.COM DOES NOT WARRANT THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL MATTER. HANDMADE.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Handmade.com works hard to keep the Site operating for the benefit of its users. However, in the event of a problem, please contact us at customersupport@handmade.com.

These Terms are effective January 1, 2024, for current Users, and upon use of the Site by a new User. We reserve the right to modify or terminate the Services for any reason, without notice, at any time. We reserve the right to alter or amend these Terms or other Site policies at any time. Any notices of termination or modification to the Services or the Terms will take effect when set forth on the Site.

When using particular Services on the Site, you are subject to any unique posted policies or rules applicable to specific Services you use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement. This Agreement as supplemented by such other additional agreements for specific Services, sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

Any responsibilities or obligations of a User which accrue or arise during the term of this Agreement shall survive the termination of this Agreement until fully satisfied by you.